SMEAL FIRE APPARATUS CO. v. KREIKEMEIER

Nos. S-03-354, S-05-407.

715 N.W.2d 134 (2006)

271 Neb. 616

SMEAL FIRE APPARATUS CO., a Nebraska corporation, appellee, v. Robert KREIKEMEIER and R.K. Manufacturing, Inc., appellants. Robert Kreikemeier and R.K. Manufacturing, Inc., relators, v. Smeal Fire Apparatus Co., respondent.

Supreme Court of Nebraska.

May 26, 2006.


Attorney(s) appearing for the Case

Thomas B. Thomsen, of Sidner, Svoboda, Schilke, Thomsen, Holtorf, Boggy & Nick, Fremont, for appellants/relators.

Paul R. Elofson, of McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O., Omaha, for appellee/respondent.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


GERRARD, J.

NATURE OF CASE

This is a procedurally complicated civil contempt case, in which the Nebraska Court of Appeals dismissed the appeal with respect to the district court's finding of contempt, but nonetheless affirmed the allowance of $73,500 in attorney fees and costs. For reasons that will be explained more fully below, we conclude that the district court lacked jurisdiction to order equitable relief as a condition to purging its finding of contempt...

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